“Least Restrictive Means?” Court Grants Employer Religious Exemption from Title VII in Gender Stereotyping Case

While many recent decisions have taken up the issue of whether gender identity or expression falls within the scope of Title VII’s proscription on sex discrimination, one court recently went one step further and found that an employer may be exempt from a Title VII enforcement action based on the Religious Freedom Restoration Act (“RFRA”). In …

Appeals Court Upholds Illogical Definition of “Sex Discrimination” Under Title VII

On July 28, 2016, the 7th Circuit became the latest circuit court to rule that Title VII does not bar workplace discrimination based on sexual orientation. The case, Hively v. Ivy Tech Community College, was the first to extensively address the “groundswell of questions” raised by the EEOC’s conflicting interpretation of “sex” discrimination under Title …